17-7683. Certificate of correction.
17-7683
17-7683. Certificate of correction.(a) Whenever any articles or certificate authorized to befiledwith the secretary ofstate under any provision of this act has been so filed and is inaccuratein any respect or wasdefectively or erroneously executed, such articles or certificate may becorrected by filing with thesecretary of state a certificate of correction of such articles or certificate.The certificate ofcorrection shall specify the inaccuracy or defect to be corrected, shall setforth the portion of thearticles or certificate in corrected form and shall be executed and filed asrequired by this act. Thecertificate of correction shall be effective as of the date the originalarticles or certificate was filed,except as to those persons who are substantially and adversely affected by thecorrection, and as tothose persons the certificate of correction shall be effective from the filingdate.
(b) In lieu of filing a certificate of correction, articles or a certificatemay be corrected byfiling with the secretary of state a corrected certificate which shall beexecuted and filed as if thecorrected certificate were the articles or certificate being corrected, and afee equal to the fee payableto the secretary of state if the articles or certificate being corrected werethen being filed shall bepaid and collected by the secretary of state for the use of the state of Kansasin connection with thefiling of the corrected certificate. The corrected certificate shall bespecifically designated as suchin its heading, shall specify the inaccuracy or defect to be corrected, andshall set forth the entire articles or certificate in corrected form.Articles or a certificate corrected in accordancewith thissection shall be effective as of the date the original articles or certificatewas filed, except as to thosepersons who are substantially and adversely affected by the correction and asto those persons thearticles or certificate as corrected shall be effective from the filing date.
(c) The secretary of state may correct the secretary's own errors on thesecretary's own motion.
History: L. 1999, ch. 119, § 22; Jan. 1, 2000.